In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-10-00025-CV ______________________________

HUBERT MCCURLEY, INDIVIDUALLY, D/B/A STAN’S BACKHOE SERVICE, INC., AND RITA MCCURLEY, INDIVIDUALLY, Appellants V. CAPITOL INDEMNITY CORPORATION, Appellee

On Appeal from the 173rd Judicial District Court Henderson County, Texas Trial Court No. 2008A-490

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Appellants, Hubert McCurley, Individually, d/b/a Stan’s Backhoe Service, Inc., and Rita McCurley, Individually, have filed with this Court a motion to dismiss the pending appeal in this matter. 1 Appellants represent to this Court that the parties have reached a full and final settlement. In such a case, no real controversy exists, and in the absence of a controversy, the appeal is moot.

We grant the motion and dismiss this appeal.

Bailey C. Moseley Justice Date Submitted: June 15, 2010 Date Decided: June 16, 2010

Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (Vernon 2005).